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Is the Nokia Open Source License DFSG compliant?



I believe this license is DFSG compliant, Sections 3.1 and 3.2 are
similar to some GPL sections. I wonder about section 3.6 as well.

Thanks in advance for looking at this lengthy license.

Nokia Open Source License (NOKOS License) Version 1.0

1. DEFINITIONS. 
"Affiliates"  of a party shall mean an entity
a) which is directly or indirectly controlling such party;
b) which is under the same direct or indirect ownership or control as such
party; or
c) which is directly or indirectly owned or controlled by such party.
For these purposes, an entity shall be treated as being controlled by another
if that other entity has fifty percent (50%) or more of the votes in such
entity, is able to direct its affairs and/or to control the composition of its
board of directors or equivalent body.

"Commercial Use" shall mean distribution or otherwise making the Covered
Software available to a third party. 

''Contributor'' shall mean each entity that creates or contributes to the
creation of Modifications. 

''Contributor Version'' shall mean the combination of the Original Software,
prior Modifications used by a Contributor, and the Modifications made by that
particular Contributor. 

''Covered Software'' shall mean the Original Software or Modifications or the
combination of the Original Software and Modifications, in each case including
portions thereof. 

''Electronic Distribution Mechanism'' shall mean a mechanism generally
accepted in the software development community for the electronic transfer
of data. 

''Executable'' shall mean Covered Software in any form other than Source Code. 

''Nokia'' shall mean Nokia Corporation and its Affiliates.

''Larger Work'' shall mean a work which combines Covered Software or portions
thereof with code not governed by the terms of this License. 

''License'' shall mean this document. 

"Licensable" shall mean having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein. 

''Modifications'' shall mean any addition to or deletion from the substance or
structure of either the Original Software or any previous Modifications. When
Covered Software is released as a series of files, a Modification is: 
a) Any addition to or deletion from the contents of a file containing Original
Software or previous Modifications. 
b) Any new file that contains any part of the Original Software or previous
Modifications. 
 
''Original Software'' shall mean the Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as Original
Software, and which, at the time of its release under this License is not
already Covered Software governed by this License. 

"Patent Claims"  shall mean any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor. 

''Source Code'' shall mean the preferred form of the Covered Software for
making modifications to it, including all modules it contains, plus any
associated interface definition files, scripts used to control compilation and
installation of an Executable, or source code differential comparisons against
either the Original Software or another well known, available Covered Software
of the Contributor's choice. The Source Code can be in a compressed or archival
form, provided the appropriate decompression or de-archiving software is widely
available for no charge. 

"You'' (or "Your") shall mean an individual or a legal entity exercising rights
under, and complying with all of the terms of, this License or a future version
of this License issued under Section 6.1. For legal entities, "You'' includes
Affiliates of such entity.

2. SOURCE CODE LICENSE. 
2.1 Nokia Grant. 
Subject to the terms of this License, Nokia hereby grants You a world-wide,
royalty-free, non-exclusive license, subject to third party intellectual
property claims: 
a) under copyrights Licensable by Nokia to use, reproduce, modify, display,
perform, sublicense and distribute the Original Software (or portions thereof)
with or without Modifications, and/or as part of a Larger Work; 
b) and under Patents Claims necessarily infringed by the making, using or
selling of Original Software, to make, have made, use, practice, sell, and
offer for sale, and/or otherwise dispose of the Original Software (or portions
thereof). 
c) The licenses granted in this Section 2.1(a) and (b) are effective on the
date Nokia first distributes Original Software under the terms of this 
License. 
d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for
code that You delete from the Original Software; 2) separate from the Original
Software; or 3) for infringements caused by: i) the modification of the
Original Software or ii) the combination of the Original Software with other
software or devices. 

2.2 Contributor Grant. 
Subject to the terms of this License and subject to third party intellectual
property claims, each Contributor hereby grants You a world-wide, 
royalty-free, non-exclusive license 
a) under copyrights Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications created by such
Contributor (or portions thereof) either on an unmodified basis, with other
Modifications, as Covered Software and/or as part of a Larger Work; and 
b) under Patent Claims necessarily infringed by the making, using, or selling
of Modifications made by that Contributor either alone and/or in combination
with its Contributor Version (or portions of such combination), to make, use,
sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications
made by that Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor Version (or
portions of such combination). 
c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
date Contributor first makes Commercial Use of the Covered Software. 
d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for
any code that Contributor has deleted from the Contributor Version; 2) separate
from the Contributor Version; 3) for infringements caused by: i) third party
modifications of Contributor Version or ii) the combination of Modifications
made by that Contributor with other software (except as part of the Contributor
Version) or other devices; or 4) under Patent Claims infringed by Covered
Software in the absence of Modifications made by that Contributor.

3. DISTRIBUTION OBLIGATIONS. 
3.1 Application of License. 
The Modifications which You create or to which You contribute are governed by
the terms of this License, including without limitation Section 2.2. The Source
Code version of Covered Software may be distributed only under the terms of
this License or a future version of this License released under Section 6.1,
and You must include a copy of this License with every copy of the Source Code
You distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this License or
the recipients' rights hereunder. However, You may include an additional
document offering the additional rights described in Section 3.5. 

3.2 Availability of Source Code. 
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the
same media as an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available; and if
made available via Electronic Distribution Mechanism, must remain available
for at least twelve (12) months after the date it initially became available,
or at least six (6) months after a subsequent version of that particular
Modification has been made available to such recipients. You are responsible
for ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party. 

3.3 Description of Modifications. 
You must cause all Covered Software to which You contribute to contain a file
documenting the changes You made to create that Covered Software and the date
of any change. You must include a prominent statement that the Modification is
derived, directly or indirectly, from Original Software provided by Nokia and
including the name of Nokia in (a) the Source Code, and (b) in any notice in
an Executable version or related documentation in which You describe the
origin or ownership of the Covered Software. 

3.4  Intellectual Property Matters 
(a) Third Party Claims. 
If Contributor has knowledge that a license under a third party's intellectual
property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the
Source Code distribution titled "LEGAL'' which describes the claim and the
party making the claim in sufficient detail that a recipient will know whom
to contact. If Contributor obtains such knowledge after the Modification is
made available as described in Section 3.2, Contributor shall promptly modify
the LEGAL file in all copies Contributor makes available thereafter and shall
take other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered Software that
new knowledge has been obtained. 

(b) Contributor APIs. 
If Contributor's Modifications include an application programming interface
and Contributor has knowledge of patent licenses which are reasonably necessary
to implement that API, Contributor must also include this information in the
LEGAL file. 
 
(c) Representations. 
Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's
original creation(s) and/or Contributor has sufficient rights to grant the
rights conveyed by this License.

3.5 Required Notices. 
You must duplicate the notice in Exhibit A in each file of the Source Code.
If it is not possible to put such notice in a particular Source Code file due
to its structure, then You must include such notice in a location (such as a
relevant directory) where a user would be likely to look for such a notice.
If You created one or more Modification(s) You may add your name as a
Contributor to the notice described in Exhibit A. You must also duplicate this
License in any documentation for the Source Code where You describe recipients'
rights or ownership rights relating to Covered Code. You may choose to offer,
and to charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Software. However, You may do so only on
Your own behalf, and not on behalf of Nokia or any Contributor. You must make
it absolutely clear that any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify Nokia
and every Contributor for any liability incurred by Nokia or such Contributor
as a result of warranty, support, indemnity or liability terms You offer. 

3.6 Distribution of Executable Versions. 
You may distribute Covered Software in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Software, and
if You include a notice stating that the Source Code version of the Covered
Software is available under the terms of this License, including a description
of how and where You have fulfilled the obligations of Section 3.2. The notice
must be conspicuously included in any notice in an Executable version, related
documentation or collateral in which You describe recipients' rights relating
to the Covered Software. You may distribute the Executable version of Covered
Software or ownership rights under a license of Your choice, which may contain
terms different from this License, provided that You are in compliance with
the terms of this License and that the license for the Executable version does
not attempt to limit or alter the recipient's rights in the Source Code
version from the rights set forth in this License. If You distribute the
Executable version under a different license You must make it absolutely clear
that any terms which differ from this License are offered by You alone, not
by Nokia or any Contributor. You hereby agree to indemnify Nokia and every
Contributor for any liability incurred by Nokia or such Contributor as a
result of any such terms You offer. 

3.7 Larger Works. 
You may create a Larger Work by combining Covered Software with other software
not governed by the terms of this License and distribute the Larger Work as a
single product. In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Software.

4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION. 
If it is impossible for You to comply with any of the terms of this License
with respect to some or all of the Covered Code due to statute, judicial order,
or regulation then You must: (a) comply with the terms of this License to the
maximum extent possible; and (b) describe the limitations and the code they
affect. Such description must be included in the LEGAL file described in
Section 3.4 and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill to be able to
understand it.

5. APPLICATION OF THIS LICENSE. 
This License applies to code to which Nokia has attached the notice in Exhibit
A and to related Covered Software.

6. VERSIONS OF THE LICENSE. 
6.1 New Versions. 
Nokia may publish revised and/or new versions of the License from time to
time. Each version will be given a distinguishing version number. 

6.2 Effect of New Versions. 
Once Covered Software has been published under a particular version of the
License, You may always continue to use it under the terms of that version.
You may also choose to use such Covered Software under the terms of any
subsequent version of the License published by Nokia. No one other than Nokia
has the right to modify the terms applicable to Covered Software created
under this License. 

7. DISCLAIMER OF WARRANTY. 
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.
SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT NOKIA, ITS
LICENSORS OR AFFILIATES OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF  WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE
IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION. 
8.1 This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within 30
days of becoming aware of the breach. All sublicenses to the Covered Code
which are properly granted shall survive any termination of this License.
Provisions which, by their nature, must remain in effect beyond the
termination of this License shall survive.
 
8.2 If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Nokia or a Contributor
(Nokia or Contributor against whom You file such action is referred to as
"Participant") alleging that: 
a) such Participant's Contributor Version directly or indirectly infringes any
patent, then any and all rights granted by such Participant to You under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively, unless if within 60 days after receipt
of notice You either: (i) agree in writing to pay Participant a mutually
agreeable reasonable royalty for Your past and future use of Modifications
made by such Participant, or (ii) withdraw Your litigation claim with respect
to the Contributor Version against such Participant. If within 60 days of
notice, a reasonable royalty and payment arrangement are not mutually agreed
upon in writing by the parties or the litigation claim is not withdrawn, the
rights granted by Participant to You under Sections 2.1 and/or 2.2
automatically terminate at the expiration of the 60 day notice period
specified above. 
b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then any
rights granted to You by such Participant under Sections 2.1(b) and 2.2(b)
are revoked effective as of the date You first made, used, sold, distributed,
or had made, Modifications made by that Participant. 

8.3 If You assert a patent infringement claim against Participant alleging
that such Participant's Contributor Version directly or indirectly infringes
any patent where such claim is resolved (such as by license or settlement)
prior to the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by such Participant under Sections 2.1 or 2.2
shall be taken into account in determining the amount or value of any payment
or license.
 
8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been
validly granted by You or any distributor hereunder prior to termination
shall survive termination.

9. LIMITATION OF LIABILITY. 
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, NOKIA, ANY OTHER CONTRIBUTOR,
OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, BUT MAY ALLOW LIABILITY TO BE LIMITED; IN SUCH CASES,
A PARTY's, ITS EMPLOYEES, LICENSORS OR AFFILIATES' LIABILITY SHALL BE LIMITED
TO U.S. $50. 
Nothing contained in this License shall prejudice the statutory rights of any
party dealing as a consumer. 

10. MISCELLANEOUS. 
This License represents the complete agreement concerning subject matter
hereof. All rights in the Covered Software not expressly granted under this
License are reserved. Nothing in this License shall grant You any rights to
use any of the trademarks of Nokia or any of its Affiliates, even if any of
such trademarks are included in any part of Covered Software and/or
documentation to it. This License is governed by the laws of Finland
excluding its conflict-of-law provisions. All disputes arising from or
relating to this Agreement shall be settled by a single arbitrator appointed
by the Central Chamber of Commerce of Finland. The arbitration procedure
shall take place in Helsinki, Finland in the English language. If any part
of this Agreement is found void and unenforceable, it will not affect the
validity of the balance of the Agreement, which shall remain valid and
enforceable according to its terms. 

11. RESPONSIBILITY FOR CLAIMS. 
As between Nokia and the Contributors, each party is responsible for claims
and damages arising, directly or indirectly, out of its utilization of rights
under this License and You agree to work with Nokia and Contributors to
distribute such responsibility on an equitable basis. Nothing herein is
intended or shall be deemed to constitute any admission of liability.


EXHIBIT A 

``The contents of this file are subject to the NOKOS License Version 1.0
(the "License"); you may not use this file except in compliance with the
License. 

Software distributed under the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF  ANY KIND, either express or implied. See the License
for the specific language governing rights and limitations under the License. 

The Original Software is 
Nokia C110/C111 Linux(R) driver. 

Copyright (c) 2001 Nokia and others. All Rights Reserved. 

Contributor(s): ______________________________________. 

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